BILL ANALYSIS

 

 

                                                                                                                                    C.S.H.B. 2877

                                                                                                                                   By: Keffer, Bill

                                                                                                                                 Public Education

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Current law is not sufficiently clear regarding state policy as to the legislature's obligation under the state constitution to make "suitable provision" for a "general diffusion of knowledge" to our public school students in an "efficient" manner. This bill provides clearer definitions for these constitutional terms.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

CSHB 2877 amends Section 42.001 of the Education Code to state that the policy of this state is to provide an efficient system of education, financed through a combination of state and local revenue sources, so that each student will have access to the programs and services necessary to meet the purposes set out in the state curriculum.  This bill provides that the public school finance system shall provide for substantially equal access to similar programs and services that are necessary to meet the purposes of the state curriculum.  This bill sets forth a definition for "general diffusion of knowledge", "suitable provision for the support and maintenance of an efficient system of public free schools" and "efficient system of public free schools".

 

This bill amends section 42.002 of the Education Code to guarantee that each school district in the state has adequate resources to provide each eligible student a basic instructional program and facilities suitable to meet the purposes as set out in Section 28.001.

 

EFFECTIVE DATE

 

This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.  If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005. 

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

CSHB 2877 conforms to legislative council style and format.  The substitute removes language as to revenue per student at a similar tax rate.  The substitute also sets forth language as to access to programs and services that are necessary to meet the purposes set out in Section 28.001.  The substitute sets forth new language for the definition of "efficient system of public free schools."  The substitute also designates an effective date of September 1, 2005 unless it receives a two-thirds vote of all the members elected to each house, upon which it becomes effective immediately.